AB 371,
as amended, Salas. begin deleteImmunizations. end deletebegin insertSewage sludge: Kern County.end insert
Existing law requires the State Water Resources Control Board or a California regional water quality control board, upon receipt of an application for waste discharge requirements for discharge of dewatered, treated, or chemically fixed sewage or other biological solids, to prescribe general waste discharge requirements for that sludge or those other solids. The California Integrated Waste Management Act of 1989, establishes an integrated waste management program that includes the regulation of solid waste disposal and solid waste facilities, and defines solid waste to include dewatered, treated, and chemically fixed sewage sludge that is not a hazardous waste.
end insertbegin insertThis bill would authorize the Kern County Board of Supervisors, upon a majority vote, to regulate or prohibit by ordinance, in a manner more stringent than state or federal law and in a nondiscriminatory manner, the land application of sewage sludge in unincorporated areas in the jurisdiction of the county, as prescribed.
end insertbegin insertThis bill would make legislative findings and declarations as to the necessity of a special statute for Kern County.
end insertExisting law requires every skilled nursing facility, immediate care facility, and nursing facility, as defined, each year, commencing October 1 to the following April 1, inclusive, to offer immunizations for influenza and pneumococcal disease to residents, 65 years of age or older, receiving services at the facility, based upon the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, and the latest recommendations of appropriate entities for the prevention, detection, and control of influenza outbreaks in California long-term care facilities.
end deleteThis bill would make a technical, nonsubstantive change to this provision.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 13274 of the end insertbegin insertWater Codeend insertbegin insert is amended to
2read:end insert
(a) (1) The state board or a regional board, upon receipt
4of applications for waste discharge requirements for discharges of
5dewatered, treated, or chemically fixed sewage sludge and other
6biological solids, shall prescribe general waste discharge
7requirements for that sludge and those other solids. General waste
8discharge requirements shall replace individual waste discharge
9requirements for sewage sludge and other biological solids, and
10their prescription shall be considered to be a ministerial action.
11(2) The general waste discharge requirements shall set minimum
12standards for agronomic applications of sewage sludge and other
13biological solids and the use of that sludge and those other solids
14as a soil amendment or fertilizer in
agriculture, forestry, and surface
15mining reclamation, and may permit the transportation of that
16sludge and those other solids and the use of that sludge and those
17other solids at more than one site. The requirements shall include
18provisions to mitigate significant environmental impacts, potential
19soil erosion, odors, the degradation of surface water quality or fish
20or wildlife habitat, the accidental release of hazardous substances,
21and any potential hazard to the public health or safety.
22(b) The state board or a regional board, in prescribing general
23waste discharge requirements pursuant to this section, shall comply
24with Division 13 (commencing with Section 21000) of the Public
P3 1Resources Code and guidelines adopted pursuant to that division,
2and shall consult with the State Air Resources Board, the
3Department of Food and Agriculture, and the Department of
4Resources Recycling and Recovery.
5(c) The state board or a regional board may charge a reasonable
6fee to cover the costs incurred by the board in the administration
7of the application process relating to the general waste discharge
8requirements prescribed pursuant to this section.
9(d) Notwithstanding any other law, except as specified in
10subdivisions (f) tobegin delete (i)end deletebegin insert (j)end insert, inclusive, general waste discharge
11requirements prescribed by a regional board pursuant to this section
12supersede regulations adopted by any other state agency to regulate
13sewage sludge and other biological solids applied directly to
14agricultural lands at agronomic rates.
15(e) The state board or a regional board shall review general
16waste discharge
requirements for possible amendment upon the
17request of any state agency, including, but not limited to, the
18Department of Food and Agriculture and the State Department of
19Public Health, if the board determines that the request is based on
20new information.
21(f) This section is not intended to affect the jurisdiction of the
22Department of Resources Recycling and Recovery to regulate the
23handling of sewage sludge or other biological solids for
24composting, deposit in a landfill, or other use.
25(g) This section is not intended to affect the jurisdiction of the
26State Air Resources Board or an air pollution control district or
27air quality management district to regulate the handling of sewage
28sludge or other biological solids for incineration.
29(h) This section is not intended to affect the jurisdiction of the
30Department of
Food and Agriculture in enforcing Sections 14591
31and 14631 of the Food and Agricultural Code and any regulations
32adopted pursuant to those sections, regarding the handling of
33sewage sludge and other biological solids sold or used as fertilizer
34or as a soil amendment.
35(i) This section does not restrict the authority of a local
36government agency to regulate the application of sewage sludge
37and other biological solids to land within the jurisdiction of that
38agency, including, but not limited to, the planning authority of the
39Delta Protection Commission, the resource management plan of
P4 1which is required to be implemented by local government general
2plans.
3(j) The Kern County Board of Supervisors, upon a majority
4vote, may regulate or prohibit by ordinance, in a manner more
5stringent than state or
federal law and in a nondiscriminatory
6manner, the land application of sewage sludge, including sewage
7sludge imported from another California county, in unincorporated
8areas in the jurisdiction of the county.
The Legislature finds and declares that a special law
10is necessary and that a general law cannot be made applicable
11within the meaning of Section 16 of Article IV of the California
12Constitution due to the unique and special problems associated
13with the land application of sewage sludge in Kern County
14requiring the control of sewage sludge for the public good.
Section 120392.2 of the Health and Safety Code
16 is amended to read:
(a) Each year, commencing October 1 to the
18following April 1, inclusive, every health care facility, as defined
19in subdivision (a) of Section 120392, shall offer, pursuant to
20Section 120392.4, immunizations for influenza and pneumococcal
21disease to residents, 65 years of age or older, receiving services at
22the facility, based upon the latest recommendations of the Advisory
23Committee on Immunization Practices (ACIP) of the federal
24Centers for Disease Control and Prevention, and the latest
25
recommendations of appropriate entities for the prevention,
26detection, and control of influenza outbreaks in California
27long-term care facilities.
28(b) Each health care facility, as defined in subdivision (a) of
29Section 120392, shall offer, pursuant to Section 120392.4,
30pneumococcal vaccine to all new admittees to the health care
31facility, based on the latest recommendations of the ACIP.
32(c) The facility shall be reimbursed the standard Medi-Cal rate
33for an immunization provided to a Medi-Cal recipient, unless he
34or she is also a Medicare recipient whose coverage includes
35reimbursement for the immunization.
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